with all usual and necessary powers: in taking accounts in a foreclosure suit, the mortgagee was allowed interest after the fixed day at five per cent. per annum only.-Wallington v. Cook, 47 L.J. Ch. 508.

(xiv.) Ch. Div. M. R.-Foreclosure-Infant Heir of Mortgagor.-In a foreclosure action, where the estate of the mortgagor was devised in trust for sale and had become vested in an infant who was also beneficially interested, the decree for foreclosure directed that in case the mortgagee was not redeemed within six months, the infant should be a trustee for him within the Trustee Act, and that the executrix of the mortgagor should convey the estate to the mortgagee in his behalf.-Foster v. Parker, L.R. 8 Ch. D. 147.

(xv.) Ch. Div. V. C. H.-Foreclosure-Leaseholds. In a foreclosure action plaintiffs were mortgagees by sub-demise of leaseholds for a term less one day, and the mortgage contained covenants by mortgagor for further assurance for the whole or any part of his estate, and to stand possessed of the reversion in trust for the mortgagee: it was ordered, that on default of payment, the mortgagor should be foreclosed as to the mortgaged hereditaments and the reversionary term of one day.— British Empire Assurance Co. v. Sugden, 26 W.R. 631.

(xvi.) Ch. Div. M. R.-Mortgagee in Possession-Account.-In an action for account by mortgagor against a mortgagee in possession, the mortgagor is entitled to an account of proceeds of sale received by mortgagee, or which, but for his wilful default, might have been received: but this does not entitle him to question the propriety of the sale or the adequacy of the price.-Mayer v. Murray, L.R. 8 Ch. D. 424; 26 W.R.

690.

(xvii.) Ch. Div. V. C. M.-Receiver-Possession Statute of Limitations.The solicitors of parties who had obtained the appointment of a receiver in an action, wrote to an incumbrancer stating that the balance of the rents would be paid to him: Held that the possession of the receiver became thereby so far the possession of the incumbrancer as to prevent the Statute of Limitations from running against him.-Penny v. Todd, 26 W.R. 502.

(xviii.) Ch. Div. V. C. H.-Reversionary Interest-Statute of Limitations.— A mortgage of a reversionary interest in a mortgage debt which forms part of a residuary bequest with power to vary investments: Held not to be a mortgage of an interest in land within the meaning of s. 42 of 3 & 4 Will. IV., c. 27: and that arrears of interest for more than six years could be recovered.-Smith v. Hill, 38 L.T. 638.

(xix.) Ch. Div. F. J.-Settled Property-Resulting Trust-Conversion.-By a marriage settlement lands of the husband were settled to such uses as the husband and wife should jointly appoint, and subject thereto to the husband and wife in succession for life, with remainder for benefit of the children of the marriage, with ultimate remainder to the husband in fee: the husband and wife mortgaged the lands, and the proviso for redemption provided that the mortgagee should re-convey the property to the uses of the settlement; and there was a declaration that, if the power of sale were exercised, the mortgagee should pay the surplus proceeds of the sale to the husband, his heirs, executors, administrators, and assigns: the power of sale having been exercised after the husband's death: Held that there was no resulting trust of the surplus proceeds, but that they went to husband's legal personal representatives.-Jones v. Davies, L.R. 8 Ch. D. 205; 38 L.T. 710; 26 W.R. 554.

Municipal Law:

(x.) Q. B. Div.-Local Board-Street-Vesting-38 & 39 Vict., c. 55, s. 149. -The vesting of a street, by section 149 of the Public Health Act, 1875, in the urban authority, is an actual vesting of the property in the soil,

M

so that the urban authority may grant a lease of the pasturage on the sides of it.-Coverdale v. Charlton, L.R. 3 Q.B.D. 376; 47 L.J. Q.B. 446; 38 L.T. 687; 26 W.R. 687.

Negligence:

(iii.) C. P. Div.-Injury to Cattle-Wire Fencing.-Defendant's land was separated from plaintiff's by a wire fence which had decayed, and some of the pieces fallen on the plaintiff's land: plaintiff's cow swallowed one of the pieces of wire, and died in consequence: the fence had been put up and maintained by defendant and his predecessors in title: Held that defendant was liable for the loss of the cow.-Firth v. The Bowling Green Colliery Co., L.R. 3 C.P.D. 254; 47 L.J. C.P. 358; 38 L.T. 568; 26 W.R. 558.

(iv.) Q. B. Div.—Injury to Person-Proximate Cause.-Defendant unlaw. fully put a dangerous spiked hurdle in a private road over which he and others had rights of way: someone, without his knowledge, moved the hurdle to another place and plaintiff, in consequence thereof, and without negligence, when walking along the road on a dark night, came in contact with the hurdle, and was injured: Held that he could recover from defendant.-Clark v. Chambers, L.R. 3 Q.B.D. 327; 47 L.J. Q.B. 427; 38 L.T. 454; 26 W.R. 613.

Partition:

(iii.) V. C. M.-Sale-31 & 32 Vict., c. 40, ss. 3, 5.-In a partition action, the owners of 3-16ths of the property asked for a sale, and the owners of 13-16ths wished to keep the property undivided, and offered to purchase the shares of the other parties: the Court ordered a valuation at Chambers of the 3-16ths, and sale of the same to the other owners.- Gilbert v. Smith, 38 L.T. 706.

Partnership:

(xiii.) Ch. Div. V. C. M.—Articles—Accounts — Variation. — Partnership articles provided that the accounts should be taken half-yearly, and that the share of any partner who died should be taken to be the sum due up to last account, and an additional sum in lieu of subsequent profits, calculated at a fixed rate: in practice the accounts were only taken yearly, and one of the partners wrote a letter to the others approving of this plan: Held, on the death of this partner, that his interest under the articles was not affected by the custom of taking the accounts yearly, or by his approval of it.-Lawes v. Lawes, 38 L.T. 709.

(xiv.) C. A.-Articles-Construction.-Articles of partnership for 21 years between plaintiff and defendant, provided that the business should be carried on at certain premises, or in such other place or places as the partners might agree upon: the partners took other premises, and when the lease of these expired, the plaintiff refused to concur in a renewed lease Held that he was entitled to an injunction restraining defendant, who had renewed the lease in his own name, from employing the assets or pledging the credit of the firm in carrying on the business at these premises. Clements v. Norris, L.R. 8 Ch. D. 129; 38 L.T. 591.

(xv.) Ch. Div. F. J.-Power of Exclusion-Goodwill.-Partnership articles provided that the partnership might be determined by the exclusion of a partner at the desire of the majority: Held that the exercise of this power was not invalidated by the fact that the accounts subsequently taken in accordance with the articles, were taken on a wrong basis: goodwill held to be included in "other the estate and effects" of a partnership.-Stewart v. Gladstone, 47 L.J. Ch. 423; 38 L.T. 557; 26 W.R. 657.

(xvi.) Ch. Div. V. C. H.-Property and Effects-Goodwill.-Held that "goodwill" must be taken into account in estimating the value of the property and effects of a partnership on a dissolution.-Reynolds v. Bullock, 26 W.R. 678.

Patent:

(ix.) H. L.-Infringement.-Held on the facts of the case, that respondent had not committed an infringement of appellant's patent.-Dudgeon v. Thomson, L.R. 3 App. 34.

(x.) C. A.-First and True Inventor-Communicated Knowledge-21 Jas. I., c. 3. A British subject who has had communicated to him in England by another British subject, an invention of the latter, is not the first and true inventor within the meaning of 21 Jas. I., c. 3: nor does the fact of his being the legal personal representative of the inventor, entitle him to take out letters patent.-Marsden v. Saville Street Company, L.R. 3 Ex. D. 203.

Poor Law:

(xii.) C. P. Div.-Settlement by Derivation-Illegitimate Child-39 & 40 Vict., c. 61, s. 35.-Paragraph 2 of 39 & 40 Vict., c. 61, s. 35, does not operate retrospectively so as to affect the case of an illegitimate pauper who, before the passing of the Act, had attained the age of sixteen Guardians of Tenterden v. Guardians of St. Mary, Islington, 47 L.J. M.C. 81; 38 L.T. 485.

(xiii.) Q. B. Div.-Settlement by Derivation-39 & 40 Vict., c. 61, s. 35.— Under section 35 of the Divided Parishes Act, children under sixteen gain no settlement by a second marriage of their mother.-Guardians of Keynsham v. Guardians of Bedminster, L.R. 3 Q.B.D. 344; 47 L.J. M.C. 73; 38 L.T. 507; 26 W.R. 591.

(xiv.) Q. B. Div.-Settlement by Residence-Receipt of Relief-39 & 40 Vict., c. 61, s. 34.-Where a pauper had resided for three years in a parish so as to render himself irremoveable, but such three years expired before the passing of 39 & 40 Vict, c. 61, and subsequently to the expiration of the three years had continued to reside in the same parish, but was in the receipt of parochial relief: Held that the receipt of the relief did not deprive the pauper of the settlement acquired by his status of irremovability.—Brampton Union v. Carlisle Union, 38 L.T. 714; 26 W.R. 776.

Power of Appointment:

(iii.) Ch. Div. V. C. H.-Excessive Appointment.-A person having power to appoint to such of her issue as should be living at the time of appointment, by deed appointed to the children of her daughter, in equal shares, on their attaining twenty-one: the daughter had three children at the date of the deed and three born afterwards: Held that each of the first three, on attaining twenty-one, would take a sixth of the property, together with an accruing share of the sixths of the others of the first three who might die under twenty-one, and that the remaining half of the property would go as in default of appointment.-Re Farncombe's Trusts, 47 L.J. Ch. 328.

Practice :

(cxcv.) Ch. Div. M. R.-Absence of Judge-Judicature Act, 1873, s. 51— Ord. 51, r. 2.-When during sittings a judge of the High Court is absent, applications of an urgent nature will be heard by a judge of the Court of Appeal on request obtained from the Lord Chancellor: Ord. 51, r. 2, does not authorise a transfer from a judge of one division to another judge of the same division.-Chapman v. Real Property Trust, L.R. 7 Ch. D. 732; 26 W.R. 587.

(cxcvi.) Ch. Div. F. J.-Absence of Judge-Vacation Judge-Ord. 61, r. 7.— The jurisdiction of the Vacation Judge extends to the adjournment of sittings by a Judge of the Chancery Division during the sittings of the Division.-Wilson v. Watson, 38 L.T. 380.

(cxcvii.) C. A.—Appeal—Abandonment · - Motion to Discharge.-Appellant's solicitors having withdrawn their notice of appeal as irregular, respondent applied ex parte to discharge the notice with costs: Held that notice of the motion must be given.-Re Oakwell Collieries, L.R. 7 Ch. D. 706; 26 W.R. 577.

(cxcviii.) C. A.-Appeal-Costs-Judicature Act, 1873, s. 49.-Where, on a reference, the referee made no mention of costs in his report, which was partly in favour and partly against the claimant, and the Judge, on adopting the report, left the costs of the reference to be dealt with by the Taxing Master: Held that an appeal from such an order would not lie, as it was an appeal for costs only.-Rowcliffe v. Leigh, 26 W.R. 729. (cxcix.) C. A.-Appeal-Costs-Judicature Act, 1873, s. 49-Ord. 55.—An appeal will lie from an order directing the payment of a trustee's costs, charges, and expenses.-Jones v. Chennell, 38 L.T. 494; 26 W.R. 595. (cc.) C. A.-Appeal-Mistake - Enlargement of Time-Ord. 57, r. 6.— Appellant's solicitor, after giving notice of appeal from an interlocutory order within 21 days, believing the notice to be irregular, withdrew it, and gave a fresh notice on the day after withdrawal, which was two days after the time limited for appealing: the Court gave special leave for an enlargement of time.-Taylor's Case, Re Ambrose Lake Mining Co., 38 L.T. 587; 26 W.R. 601.

(cci.) C. A.-Appeal-Order in Chambers-Time.-Where a Judge has made an order in Chambers, and on rehearing affirmed the order in Court, an appeal lies to the Court of Appeal within 21 days of the order in Court: Semble applications for rehearings in Court of orders made in Chambers should be made within 21 days from order in Chambers.-Dickson v. Harrison, 26 W.R. 730.

(ccii.) C. A.-Appeal-Quarter Sessions-Poor-Rate-Judicature Act, 1873, s. 19. An appeal having been brought from a decision of the Q. B. Div., on a case stated by the Quarter Sessions on appeal against a borough rate the Court was equally divided as to whether it had jurisdiction to entertain the appeal.-Regina v. Overseers of Walsall, 38 L.T. 665; 26 W.R. 705.

(cciii.) Q. B. Div.-Appeal from Chambers-Time-Ord. 53, r. 4.-Where notice of motion of appeal from an Order at Chambers is given for a day short of two clear days from the notice, or such other day as counsel can be heard, the motion may be made at the expiration of the two clear days if that will be within the time limited by Ord. 53, r. 4: and if no Divisional Court be sitting on that day, the appellant may move on the next practicable day.-Forrest v. Davis, 26 W.R. 534.

(cciv.) C. A.-—Appeal from County Court-13 & 14 Vict., c. 61, s. 14; 39 & 40 Vict., c. 59, s. 20.-An appeal lies to the Court of Appeal from the decision of a Divisional Court in a case stated under the County Courts Act, 1850, s. 14, if leave to appeal be given.—Crush v. Turner, 38 L.T. 595; 26 W.R. 673.

(ccv.) C. A.-Appeal from Lord Mayor's Court-20 & 21 Vict., c. 157, ss. 10, 46. -No appeal lies to the Court of Appeal from a decision of a Divisional Court on an appeal from the Lord Mayor's Court unless leave to appeal be given.-Appleford v. Judkins, 26 W.R. 734.

(covi.) C. A.-Appeal-Verdict Directed by Judge-New Trial-Ord. 40, r. 4 a.— When a judge directs the jury to find a verdict for one of the parties and gives judgment, the other party cannot appeal to the Court of Appeal,

but must apply to the Divisional Court for a new trial.-Yetts v. Foster 38 L.T. 742; 26 W.R. 745.

(ccvii.) Q. B. Div.-Costs-Claim under £20-Tort-Money RecoveredOrd. 30, r. 4.-An action against a carrier for negligence in non-delivery of goods is founded on tort within section 3 of 30 & 31 Vict., c. 142: money paid into Court and taken out by plaintiff in satisfaction of his claim is money recovered within that section, and the right of the plaintiff to costs under Ord. 30, r. 4, is subject to the provisions of the section.-Fleming v. Manchester, Sheffield, & Lincoln Rail. Co., 26 W.R. 741.

(ccviii.) Ex. Div.-Costs-Counter-Claim-30 & 31 Vict., c. 142, s. 5.-The provisions of section 5 of the County Courts Act, 1867, do not apply to a defendant recovering on a counter-claim.-Blake v. Appleyard, L.R. 3 Ex. D. 195; 47 L.J. Ex. 407; 26 W.R. 592.

(ccix.) P. D. A. Div.-Costs-County Court-Admiralty Jurisdiction— Reference-31 & 32 Vict., c. 71, ss. 3, 9; Ord. 55, r. 1.—Since the passing of the Judicature Acts, it is not necessary to obtain a certificate to enable a plaintiff to recover his costs in an action in the High Court, where the action is within the Admiralty jurisdiction of the County Court, but not within its common law jurisdiction. Where more than one-third of the claim is struck off at a reference by the registrar and merchants, the Court will condemn the plaintiff with costs of the reference, notwithstanding hardship in the particular case.—The Englishman, 38 L.T. 756. (ccx.) Ch. Div. V. C. H.-Costs-Death of Plaintiff after JudgmentOrd. 42, r. 19.-Plaintiff having obtained judgment in his favour with costs, died on an ex parte application of plaintiff's executors, leave was given them to issue execution against defendants.-Mercer v. Lawrence, 26 W.R. 506.

(ccxi.) Ch. Div. V. C. H.-Costs-Next Friend of Infant.-In an action on behalf of infants, the Chief Clerk having found that it would not be fit and proper and for the benefit of the infants that the action should be further prosecuted, the next friend was ordered to pay the costs personally. Thomas v. Elsum, 46 L.J. Ch. 793.

(ccxii.) C. A.-Costs-Pending Appeal. The recovery of costs ordered to be paid will not be stayed pending an appeal to the House of Lords if the solicitor receiving the costs undertakes personally to repay them if the order be reversed: and the fact that there are other proceedings pending in the action under which costs might become payable to the party ordered to pay costs, will make no difference.-Grant v. Banque Franco. Egyptienne, L.R. 3 C.P.D. 202; 47 L.J. Ch. 455; 38 L.T. 622; 26 W.R. 669. (ccxiii.) C. J. B.-Costs-Short-hand Notes.-The costs of the transcript of short-hand notes are in the discretion of the Court, notwithstanding Bankruptcy rules, 1870, r. 207.-Ex parte Smith, Re Alberzette, 38 L.T. 305; 26 W.R. 513.

(ccxiv.) H. L.-Costs- Slander. Decision of Court of Appeal (See Practice xvi., p. 24) reversed.-Garnett v. Bradley, 26 W.R. 698.

(ccxv.) C. P. Div.-Costs-Taxation.-The affect of rule 8 of special allow. ances for costs in rules of Court, Aug., 1875, is to give the Master a discretion as to what allowances shall be made for the attendance of witnesses in Court, without regard to the old scale of charges.-Turnbull v. Janson, L.R. 3 C.P.D. 264; 47 L.J. C.P. 384.

(ccxvi.) P. D. A. Div.-Costs-Unliquidated Damages.-Plaintiff claimed unliquidated damages in respect of loss of fishing occasioned by a colli. sion, and on a reference to the Registrar the defendants objected to the claim, but plaintiff recovered, being awarded less than two-thirds of the amount claimed: the Court gave him his costs in respect of the references on the special circumstances of the case.-The Gleaner, 38 L.T. 650.